The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In the instant case of mistake of facts, the victim’s car passes along the victim’s car line, and even if the Defendant complied with the restricted speed, he could not prevent the accident. In addition, the Defendant did not think that there was an error to cross the crosswalk without permission at night. (ii) The lower court’s sentence (one year of imprisonment, two years of suspended execution, two hours of community service order, and one hundred and twenty hours) against the Defendant of unreasonable sentencing is too unreasonable.

B. The lower court’s above sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unfair.

2. Determination on the grounds for appeal

A. 1) The principle of trust on the Defendant’s assertion of mistake of facts refers to the accident method in which the responsibility of the public operator or the driver of the vehicle would be denied in light of the overall circumstances at the time when an abnormal action, such as traffic offense by the victim or a third party, is opened in the occurrence of a traffic accident. Therefore, if it is reasonable to believe that such an abnormal action would not exist in light of the overall circumstances at the time, it shall be reasonable to trust the victim involved in the traffic accident or the normal behavior of the third party (see Supreme Court Decision 87Meu1130, Oct. 11, 198). In light of the above legal principles, the causal relationship between the Defendant’s continuous act and the death of the victim is acknowledged, and the Defendant trusted that the victim would not take place the vehicle without permission, in light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below.

Even if the instant accident cannot be exempted from liability. The instant accident is at a speed exceeding 38KM, while the victim gets off the P market in front of the P market by driving the Oral Sea, the Defendant’s road 60KM is limited to a speed exceeding 38KM.